Cincinnati Child Custody Lawyer

Cincinnati Child Custody Lawyer

Guidance and Support From A Trusted Cincinnati Custody Lawyer

Divorce can be a complex and emotional process, especially when children are involved. There are many forms to fill out, debates to be had, and court appearances to attend. If you are going through a divorce in Cincinnati and need help with child custody arrangements, you should consult with a Cincinnati child custody lawyer.

Custody and parenting time arrangements come in many varieties to meet the needs of each family. At Goldberg Evans , our Cincinnati child custody lawyers will help you navigate the factors that are important to these decisions and ensure your children are prioritized.

Facing a child custody dispute? Schedule your consultation with a skilled Cincinnati child custody lawyer today. Call us at (513) 927-9759 or contact us online to get started.

The Types and Components of Child Custody in Ohio

Let’s start by discussing the different types of child custody in Ohio. There are two main types of custody:

Sole allocation of parental rights and responsibilities (more commonly known as “sole” custody)
Shared parenting or commonly known as “joint custody”.

These custody determinations indicate which individuals have the legal authority to make decisions about a child’s upbringing, including education, health care, involvement in activities, and religious training.

The custody determination is separate and apart from the parenting time arrangements. A parent may have equal amounts of parenting time yet not have joint decision-making. On the other hand, a parent may have shared parenting and equal authority to make joint decisions for the children, while exercising less than 50% of the parenting time.

Joint Custody

Shared Parenting, formally referred to as joint custody in Ohio, is a designation that both parents have legal custody of the children regardless of where the child may reside. The parents are required to prepare a Shared Parenting Plan that details the decisions that may be made for a child and outlines the parents’ agreements regarding these decisions.

For example, the parents may include in their shared parenting plan that the minor children will attend a specific school district through graduation from high school or that the children will be permitted to engage in school-sponsored sports. Shared parenting is the preferred custodial designation by many courts as it ensures the children benefit from the joint decision-making of their parents. Shared parenting may not be the best option for parents who are unable to cooperate and communicate well or if there is a history of abuse.

Sole Custody

If you have sole custody or sole decision-making authority, you are permitted to make unilateral decisions for the child without the agreement of the non-custodial parent. The non-custodial parent is typically permitted to receive access to records, and information, and may attend events for the child, but he/she is not permitted to make legal decisions for the child.

Sole custody is often awarded to a parent when the conflict around decision-making is detrimental to the child. It can also be utilized when one parent is lacking the capacity to make decisions for the child(ren) because of mental health concerns, substance abuse, or domestic violence.

Schedules and Visitation Rights

The idea that parents “visit” their children is generally viewed negatively. Ohio has changed its laws to reflect this sentiment and now refers to visitation as “parenting time”.

Regardless of the custody determination, you will need to develop a parenting time schedule for the children. No schedule is right for every family and the needs of the children will change over time. Despite this, the Court requires that a specific schedule is outlined in the court order even if the parents will loosely follow it.

There are various “standard” parenting time orders produced by each county that provide types of schedules that are connected to the developmental age of the children. Regardless of the resources you view to determine the parenting time schedule, it should consider every need of all family members, the child’s age, the child’s engagement in activities or enrichment, and the distance between the two households.

What Do Judges Look for in Child Custody Cases in Ohio?

In Ohio, judges primarily consider the best interests of the child when making custody decisions. While there is no single factor that determines the outcome, the court will look at several key considerations:

Parental Bonding: Judges assess the relationship between the child and each parent, including which parent has been the primary caregiver and which parent has been more involved in day-to-day activities, school, and healthcare decisions.
Child’s Preferences: While the child’s wishes are not always decisive, a judge will consider the child’s preferences, particularly if the child is older and mature enough to express their desires. However, the court will always prioritize the child’s emotional well-being.
Parental Capacity: Judges look at each parent’s ability to meet the child’s needs, including providing a stable home, proper education, and emotional support. Parents who have demonstrated consistent involvement and the ability to provide for the child’s needs are often favored.
Co-Parenting Ability: The ability of both parents to communicate and work together in the best interests of the child is crucial. Judges will look favorably on parents who are willing to cooperate and maintain a positive relationship with the other parent.
Mental and Physical Health: A parent’s mental and physical health is a factor in custody decisions. Parents with physical or mental health issues that could negatively impact their ability to care for the child may face challenges in gaining custody.
Stability of the Home Environment: Judges look for a stable and secure home environment for the child. A history of frequent moves, unstable living situations, or financial instability can impact the custody decision.
Parental Work Schedules: A parent’s work schedule and availability to care for the child may be considered. If a parent has an unpredictable or demanding work schedule, it could affect the court’s assessment of their ability to care for the child consistently.

SCHEDULE A CASE EVALUATION

Continue Reading Read Less

We’re Here When You Need Us

Get Started Today

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

Stories From Families We’ve Helped

What Our Clients Have to Say About Working with Us.

At Goldberg Evans, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

“Beyond Professional”
“Her assistance was personable, valuable, and far beyond professional.”

- Joe H.
“Responsive & Professional”
“I would definitely recommend Shawn Evans.”

- Leah P.
“Highly Recommend”
“She took the time to help me understand the legal process so I could feel confident in my case.”

- Priya S.
“Forever Appreciative”
“I’ve needed an attorney who was not just versed in the law but one who would bother to really understand the dynamic and put the time and thought into resolutions that would protect me and my children.”

- Julie G.
“Very Knowledgeable”
“I always felt my case was a priority and my thoughts and concerns heard.”

- Jan T.
“Stellar Service”
“She presents with tenacity and is brilliant, skillful, and masterful in her representation.”

- Robin T.
“Highly Recommend”
“I was met with kindness and empathy throughout the entire process, but also with strength, support, and an admirable amount of transparency with possible outcomes.”

- Jessica D.
“Unrelenting”
“I hope this review helps someone in their search for a top notch lawyer. You would not regret choosing Trista and her team!”

- Scott W.

View All Reviews

How Will Child Custody Be Determined in Ohio?

The custody of children is determined based on their best interests. The court must consider a variety of factors to understand the child’s best interests, including:

The Wishes of The Child’s Parents:

First, the court will look at the wishes of the child’s parents. If the parents can agree on a custody arrangement, the court is likely to approve it. Sometimes, the court will appoint a guardian ad litem to represent the child’s best interests.

The Ability of Each Parent to Care for The Child

Second, the court will examine each parent’s ability to care for the child. Of course, financial stability plays a significant role here. The court will also look at things like each parent’s work schedule, living situation, and support system. Here is where you might need to call on character witnesses to speak on your behalf.

Mental and physical health are also relevant here. If a parent has a mental illness, drug addiction, or alcoholism, the court may be concerned with the parent’s ability to care for the child. The court will also consider any criminal history, domestic violence, or child abuse before making a custody order.

The Child’s Relationship with Each Parent and Other Family Members

The court will look at the child’s relationship with each parent and other family members. That includes whether the child has a close bond with each parent, whether the child has any siblings, and whether the child has grandparents or other relatives who are closely bonded with the child.

The Child’s Adjustment to His or Her Home, School, and Community

The court will also look at the child’s adjustment to their home, school, and community. The court will want to know how well the child is doing in school, whether the child has any special needs, and whether the child has any close friends in the neighborhood.

Should You Hire a Cincinnati Child Custody Lawyer?

Many divorcing parents are on the fence about whether or not to spend the money on an attorney. In most cases, you should consider hiring a lawyer if you have children and are going through a divorce so you will understand the law and options to best protect your children.

A lawyer at Goldberg Evans will help you understand your rights and responsibilities under the law and navigate the turbulence of a custody dispute. While most divorces do not involve contested custody hearings, those that do can have devastating effects on a family – especially the children.

In a custody trial, both sides will present their case to a judge, who will then decide the custody arrangement. There are many rules of evidence and procedure that must be followed in a trial. Hiring a trained Cincinnati child custody attorney will ensure your case is presented effectively and persuasively.

Trust Goldberg Evans: Cincinnati Child Custody Lawyer You Can Count On

There are many factors to consider when choosing a Cincinnati child custody lawyer. If you’re ready to take the next step, our team is here to help.

Call Goldberg Evans today at (513) 927-9759 for a consultation, during which we will review your case and answer any questions you have. We look forward to hearing from you.

Commonly Asked Questions

What Age in Ohio Can a Child Decide Which Parent to Live With?

In Ohio, there is no specific age at which a child can outright decide which parent to live with. While the child’s preference is not determinative, it is given consideration by the court, especially if the child is mature enough to make an informed decision.

What Is the Biggest Mistake in a Custody Battles?

One of the biggest mistakes parents make in custody battles is letting emotions, such as anger or frustration, influence their decisions, which can harm their chances of a favorable outcome. Key errors to avoid include badmouthing the other parent, losing sight of the child’s best interests, ignoring court orders, failing to cooperate in co-parenting, and not seeking legal counsel. Courts prioritize the child’s well-being and favor parents who are committed to effective co-parenting and following legal guidelines, making it crucial to approach the process with careful consideration and professional guidance from a skilled Cincinnati child custody lawyer.

What is the Most Widely Used Standard For Determining Custody?

The most widely used standard for determining custody is the "best interest of the child," which prioritizes the child's well-being in custody decisions. Courts assess factors such as the child's relationship with each parent, the child's wishes (if they are mature enough), the parents' ability to co-parent, the child's adjustment to their environment, and the mental and physical health of the parents. Additionally, any history of abuse or neglect is taken into account. This comprehensive approach ensures that the custody arrangement promotes the child's emotional, physical, and psychological health.

Continue Reading Read Less

Take the First Step

Ready to discuss your concerns? Contact Goldberg Evans today to schedule a consultation with an attorney who will guide you every step of the way.

Reach Out